Attorneys – Fees – Municipal – State Agency Statute

Izydore v. City of Durham G.S. § 6-19.1 allows a prevailing party to recover attorney’s fees against a state agency in some circumstances, but the statute does not define “agency.” However, § 6-19.1 twice refers to G.S. Chapter 150B, which contains the N.C. Administrative Procedure Act, and the APA says, “A local unit of government is not an agency.” G.S. § 150A-2(1a). Petitioner cannot recover attorney’s fees against the defendant-county under § 6-19.1.

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